Terms and Conditions

These terms and conditions together with our Project Brief make up a legally binding agreement (the Agreement) between Classy Joints ABN 92 744 880 364 (referred to in these terms as “Us” “We” and “Our”) AND the person(s) or company named in our Project Brief (referred to in these terms as “the Client” and “you”).

This Agreement may be accepted by doing either one or more of the following:

(a)  Signing the Project Brief;

(b)  Signing these terms and conditions; or

(c)  Providing instructions to us by email after receiving the Project Brief and these terms and conditions.

THE PARTIES AGREE as follows:

1. Project Brief

1.1  We are appointed by you to perform the Services.

1.2  Our Project Brief details the Services, the Fees and any other terms that apply to us providing the Services.

1.3  We will not be bound by any terms or conditions generated by you except to the extent that such terms have been expressly agreed upon between the parties in writing and signed by Us.

1.4  If you request or We consider there is a variation of the Services, then We may (but are not obliged to) notify you in writing of the variation, the price variation, associated delays and any other information We think is relevant to the variation.

1.5  We are not obliged to commence any work associated with any variation identified in clause 1.4 unless and until you acknowledge and accept in writing the variations contained in that notice. The notice may be given by email.

2. Provision of Information and Assistance

2.1  You agree to provide Us with all necessary cooperation to allow Us to provide the Services including but not limited to access to the Site.

2.2  You acknowledge that our ability to provide the Services is dependent on Us having access to (and continuing to receive) complete, accurate, up to date and timely documentation and information.

2.3  You agree that if any documentation or information supplied to Us is incomplete, inaccurate or its provision is unreasonably delayed, We will not be responsible for any delays or liability arising as a result and will be entitled to charge you in respect of any resulting additional work at an hourly rate of $150 plus GST per hour or such other fee as agreed between the parties.

3. Payment and Price

3.1 We will issue you a Quote for the Fee, on accepting the quote and Terms and Conditions we will issue an invoice for the payment of the Fees. This payment is required before we will start on your project. We will issue an invoice at the completion of each stage of work as specified in the Project Brief.

Payment structure for projects $20,000 or less;

  • 50% Deposit invoice to lock the project into our schedule and commence works

  • 25% Deposit Progress invoice due mid build/prior to delivery (Images sent as proof of works)

  • 25% Final Invoice on completion of works

Payment structure for projects $20,000 or more;

  • 10% Deposit invoice to lock project into our schedule

  • 40% Commencement invoice due at commencement of the project

  • 25% Progress invoice due mid build/prior to delivery (Images sent as proof of works)

  • 25% Final invoice due on completion of works

3.2  If any items are not collected from us after they are completed, we will charge a storage fee $50 per square metre per week which must be paid prior to collection.

3.3  You agree that if the Services require any third party contractors, the third party contractors are engaged by you at your own cost and you may be required to sign a separate contract directly with any third party contractors.

3.4  If any invoice is not paid by the required date, We may charge interest at 5% per annum. If any invoice remains unpaid for longer than 7 days from the date of the invoice, We may either suspend the provision of Services until payment is received or terminate this Agreement until payment is received. A failure by Us to exercise any remedy referred to above does not prevent Us from doing so with respect to any future unpaid invoice.

3.5  Unless stated otherwise Our Fees exclude GST. You agree to pay any GST imposed on Us now or in the future in relation to this Agreement. Where GST is payable on any taxable supply made under this Agreement, You agree the Fees payable for the supply will be increased by any amount equivalent to the GST payable by Us in respect of that supply.

4. Limitation of Liability

4.1  Our aggregate liability to you for any Loss arising out of or in connection with:

(a)  Any act, error, negligence, misrepresentation or omission concerning or arising out of all of the Services provided under this Agreement (including any pre contractual statement, representation or warranty as to the quality or fitness of the Services or as to our ability to perform the Services);

(b)  Any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the Services;

will be limited to and will not in any circumstances exceed the total Fees paid by you under this Agreement. This limitation applies to the aggregate Loss suffered or incurred by you in respect of all Services provided under all Project Briefs issued to you under this Agreement.

4.2  You acknowledge and agree that there is a risk of small and minor damage to plasterwork which may occur during installation. You agree to release and indemnify us for any small or minor damage caused to your property or items during the installation process. We may also recommend ways to minimise damage such as adjusting dimensions etc and you agree that we will not be responsible for damage caused due to our recommendations not being followed.

4.3  You acknowledge and agree that due to the nature of the products used in our Services, e.g. wood, there will be natural variations in colour and patterns. Minor variations in colour and patterns will not be considered a defect. We will not responsible for any damage caused by improper care after installation, including, without limitation, incorrect use of the item, exposure to direct sunlight/nature etc.

4.4  In no event will We be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.

4.5  The limitation on liability in clause 4.1 does not apply to any liability which arises solely and directly from Our fraud or dishonesty.

4.6  Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.

5. Intellectual Property and Use of our IP

5.1  You acknowledge that We will own all Intellectual Property Rights created in our Services. To the extent that any Intellectual Property Rights vests in you, you assign all such Intellectual Property Rights to Us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in you.

5.2  Any pre-existing Intellectual Property Rights owned by Us before the commencement of this Agreement, will remain vested in Us.

5.3  Any pre-existing Intellectual Property Rights owned by you before the commencement of this Agreement, will remain vested in you.

5.4  We agree to grant you a non-exclusive, non-transferable, royalty free licence (“IP Licence”) to use and reproduce the Intellectual Property Rights for purpose of using our Services. We kindly request that, where possible, you credit and tag Classy Joints on social media, website and promotional material.

5.5  We acknowledge that you will retain ownership of Intellectual Property Rights in any Client Material. You grant Us a non-exclusive licence to use and reproduce the Client Material to the extent necessary for Us to provide the Services.

5.6  You acknowledge and agree that we can share any images or works in progress of your project for our social media and website. If we share any images of your project, we will make sure that the images do not identify you or your home address.

6. Force Majeure (things that are outside of a parties’ control)

6.1  Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement (excluding an obligation for payment of Fees) which result from circumstances beyond the reasonable control of that Party.

6.2  The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

6.3  If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this agreement by written notice to the other Party.

7. Termination

7.1 We may terminate this Agreement by notice in writing to you, if you: (a) fail to observe any term of this Agreement;

(b)  fail to rectify a breach, to Our satisfaction, following the expiration of 7 days’ notice of the breach being given in writing by Us to you;

(c)  enter into a deed of arrangement or an order is made for it to be wound up;

(d)  have an administrator, receiver or receiver/manager or a liquidator appointed to the Client pursuant to the Corporations Act 2001 (Cth);

(e)  would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations Act 2001 (Cth); or

(f)  have an administrator, receiver or executor is appointed to the Client pursuant to the Bankruptcy Act 1966 (Cth).

7.2  Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 7 days’ notice.

7.3  You may terminate this Agreement for any reason by providing 30 days’ written notice.

7.4  If this Agreement is terminated, We will be entitled to payment for all Services carried out up to the date of termination.

8. Applicable Law

8.1 The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of Western Australia.

9. Client’s Warranties

9.1 The Client separately warrants that:

(a)  They are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to them by or on behalf of Us whether in answer to an enquiry or otherwise;

(b)  During this Agreement, if we make any recommendations for third party contractors or products, they have made their own independent enquiries and satisfied themselves as to the fitness for purpose of the services of third party contractors and products, and to the extent permitted by law, We make no warranty, promise or representation in relation to the third party contractor or products, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the services of the third part contractor or products for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.

(c)  Prior to the Start Date, they have made their own independent enquiries and satisfied themselves as to the fitness for purpose of the services and, to the extent permitted by law, We makes no warranty, promise or representation in relation to the services, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the Services for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.

10. We Rely on the Client’s Warranties

10.1 In entering into this Agreement, we rely upon the warranties provided above and upon any information supplied by the Client.

11.Definitions

In these terms and conditions, the following terms have the meanings indicated:

a)  Agreement means the agreement made between you and Us as set out in these Terms and Conditions together with the Project Brief.

b)  Client Material means any material regardless of form, provided or made available to Us by you in order for Us to provide the Services.

c)  Fee means the fees for the Services set out in the Project Brief.

d)  Intellectual Property Rights means copyright, trademark, design, patent, and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement.

e)  Project Brief means an email or document setting out our services and fees including any quotes.

f)  Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tor, contract or otherwise (including costs awarded or incurred) of any kind.

g)  Services means the services to be provided by Us in accordance with a Project Brief.